IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004917
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM).
2. The applicant states the award is not listed on his DD Form 214 or DD Form 215 (Correction to DD Form 214).
3. The applicant provides a copy of his ARCOM Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 9 June 1978.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in item 9 (Awards, Decorations, and Campaigns):
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Grenade Bar
4. On 8 June 1981, he was honorably released from active duty. His DD Form 214 shows he was awarded the:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Grenade Bar
5. On 10 November 1981, a DD Form 215 was issued adding the Army Good Conduct Medal to his DD Form 214.
6. The applicant provided an ARCOM Certificate that shows the medal was awarded for the period 11 February through 24 March 1981 and it was awarded on 16 April 1981.
7. His records are void of orders awarding him the ARCOM and he does not provide any orders.
8. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
Although the applicant provided a copy of his ARCOM Certificate, he fails to provide evidence showing the award was approved and orders were actually issued. Without the orders or other documentary evidence showing the award approval authority approved the award, there is no basis upon which to grant the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140004917
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004917
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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